Bill Text Versions

Current Version - as introduced

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Section 1.

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to possess a pistol or semiautomatic military-style assault weapon or, except for clause (1), any other firearm:

(1) a person under the age of 18 years except that a person under 18 may carry or possess a pistol or semiautomatic military-style assault weaponnew text begin or other lawful firearmnew text end (i) in the actual presence or under the direct supervision of the person's parent or guardian, (ii) for the purpose of military drill under the auspices of a legally recognized military organization and under competent supervision, (iii) for the purpose of instruction, competition, or target practice on a firing range approved by the chief of police or county sheriff in whose jurisdiction the range is located and under direct supervision; or (iv) if the person has successfully completed a course designed to teach marksmanship and safety with a pistol or semiautomatic military-style assault weapon and approved by the commissioner of natural resources;

(2) except as otherwise provided in clause (9), a person who has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime of violence. For purposes of this section, crime of violence includes crimes in other states or jurisdictions which would have been crimes of violence as herein defined if they had been committed in this state;

(3) a person who is or has ever beennew text begin confined ornew text end committed in Minnesota or elsewhere deleted text beginby a judicial determination that the persondeleted text endnew text begin whonew text end is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has ever been found incompetent to stand trial or not guilty by reason of mental illness, unless the person's ability to possess a firearm has been restored under subdivision 4;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor violation of chapter 152, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other such violation of chapter 152 or a similar law of another state; or a person who is or has ever beennew text begin hospitalized ornew text end committed deleted text beginby a judicial determinationdeleted text end for treatment for the habitual use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability to possess a firearm has been restored under subdivision 4;

(5) a person whonew text begin is ornew text end hasnew text begin evernew text end beennew text begin confined ornew text end committed to a treatment facility in Minnesota or elsewhere deleted text beginby a judicial determination that the person isdeleted text endnew text begin asnew text end chemically dependent as defined in section 253B.02, unless the person has completed treatment or the person's ability to possess a firearm has been restored under subdivision 4. Property rights may not be abated but access may be restricted by the courts;

(6) a peace officer who is informally admitted to a treatment facility pursuant to section 253B.04 for chemical dependency, unless the officer possesses a certificate from the head of the treatment facility discharging or provisionally discharging the officer from the treatment facility. Property rights may not be abated but access may be restricted by the courts;

(7) a person, including a person under the jurisdiction of the juvenile court, who has been charged with committing a crime of violence and has been placed in a pretrial diversion program by the court before disposition, until the person has completed the diversion program and the charge of committing the crime of violence has been dismissed;

(8) except as otherwise provided in clause (9), a person who has been convicted in another state of committing an offense similar to the offense described in section 609.224, subdivision 3, against a family or household member or section 609.2242, subdivision 3, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242, subdivision 3, or a similar law of another state;

(9) a person who has been convicted in this state or elsewhere of assaulting a family or household member and who was found by the court to have used a firearm in any way during commission of the assault is prohibited from possessing any type of firearm for the period determined by the sentencing court;

(10) a person who:

(i) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under dishonorable conditions; or

(vii) has renounced the person's citizenship having been a citizen of the United States; or

(11) a person who has been convicted of the following offenses at the gross misdemeanor level, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of these sections: section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified gross misdemeanor convictions include crimes committed in other states or jurisdictions which would have been gross misdemeanors if conviction occurred in this state.

A person who issues a certificate pursuant to this section in good faith is not liable for damages resulting or arising from the actions or misconduct with a firearm committed by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than pistols and semiautomatic military-style assault weapons does not apply retroactively to persons who are prohibited from possessing a pistol or semiautomatic military-style assault weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms for persons convicted or adjudicated delinquent of a crime of violence in clause (2), applies only to offenders who are discharged from sentence or court supervision for a crime of violence on or after August 1, 1993.

For purposes of this section, "judicial determination" means a court proceeding pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

Sec. 2.

Subd. 4.

(a) A person who is prohibited from possessing a firearm under subdivision 1, due to commitment deleted text beginresulting from a judicial determination that the person isdeleted text endnew text begin, hospitalization, or confinement based on the person beingnew text end mentally ill, developmentally disabled, mentally ill and dangerous, or chemically dependent, may petition a court to restore the person's ability to possess a firearm.

(b) The court may grant the relief sought in paragraph (a) in accordance with the principles of due process if the circumstances regarding the person's disqualifying condition and the person's record and reputation are determined to be such that:

(1) the person is not likely to act in a manner that is dangerous to public safety; and

(2) the granting of relief would not be contrary to the public interest.

(c) When determining whether a person has met the requirement of paragraph (b), clause (1), the court may consider evidence from a licensed medical doctor or clinical psychologist that the person is no longer suffering from the disease or condition that caused the disability or that the disease or condition has been successfully treated for a period of three consecutive years.

(d) Review on appeal shall be de novo.

Sec. 3.

Subdivision 1.

Information.

new text begin(a) new text endAny person may apply for a transferee permit by providing the following information in writing to the chief of police of an organized full time police department of the municipality in which the person resides or to the county sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police authority of commitment information about the proposed transferee maintained by the commissioner of human services, to the extent that the information relates to the proposed transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon under section 624.713, subdivision 1; and

(4) a statement by the proposed transferee that the proposed transferee is not prohibited by deleted text beginsection 624.713deleted text endnew text begin any state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault weapon.

new text begin(b) In addition to the requirements described in paragraph (a), the proposed transferee shall submit an accurate photocopy of the person's current driver's license, state identification card, or the photo page of the person's passport.new text end

new text begin(c) new text endThe statements shall be signed and dated by the person applying for a permit. At the time of application, the local police authority shall provide the applicant with a dated receipt for the application. The statement undernew text begin paragraph (a),new text end clause (3)new text begin,new text end must comply with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.

Sec. 4.

Subd. 4.

Grounds for disqualification.

A determination by the chief of police or sheriff that the applicant is prohibited by deleted text beginsection 624.713deleted text endnew text begin any state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault weapon shall be the only basis for refusal to grant a transferee permit.

Sec. 5.

Subd. 5.

Granting of permits.

new text begin(a) Except as provided in paragraph (b), new text endthe chief of police or sheriff shall issue a transferee permit or deny the application within seven days of application for the permit. The chief of police or sheriff shall provide an applicant with written notification of a denial and the specific reason for the denial. The permits and their renewal shall be granted deleted text beginfree of chargedeleted text endnew text begin for a fee set by the chief of police or sheriff in an amount not to exceed $25new text end.

new text begin(b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or criminal record within the seven-business-day requirement described in paragraph (a), the chief of police or sheriff may require the transferee to appear in person to present a current driver's license, state identification card, or passport, and, if deemed necessary, to be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of this in writing, and the seven-business-day requirement is extended to 30 days.new text end

Sec. 6.

Subd. 7.

Permit voided.

The transferee permit shall be void at the time that the holder becomes prohibited from possessing a pistol under deleted text beginsection 624.713deleted text endnew text begin any state or federal lawnew text end, in which event the holder shall return the permit within five days to the issuing authority. Failure of the holder to return the permit within the five days is a misdemeanor unless the court finds that the circumstances or the physical or mental condition of the permit holder prevented the holder from complying with the return requirement.

Sec. 7.

Subd. 9.

Permit to carry.

A valid permit to carry issuednew text begin within the 12 months immediately preceding the transfernew text end pursuant to section 624.714 constitutes a transferee permit for the purposes of this section and section 624.7132.

Sec. 8.

Subd. 10.

Transfer report not required.

A person who transfers a pistol or semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit issued pursuant to this section or a valid permit to carry issuednew text begin within the 12 months immediately preceding the transfernew text end pursuant to section 624.714 is not required to file a transfer report pursuant to section 624.7132, subdivision 1.

Sec. 9.

Subdivision 1.

Required information.

new text begin(a) new text endExcept as provided in this section and section 624.7131, every person who agrees to transfer a pistol or semiautomatic military-style assault weapon shall report the following information in writing to the chief of police of the organized full-time police department of the municipality where the proposed transferee resides or to the appropriate county sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police authority of commitment information about the proposed transferee maintained by the commissioner of human services, to the extent that the information relates to the proposed transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon under section 624.713, subdivision 1;

(4) a statement by the proposed transferee that the transferee is not prohibited by deleted text beginsection 624.713deleted text endnew text begin any state or federal law new text end from possessing a pistol or semiautomatic military-style assault weapon; and

(5) the address of the place of business of the transferor.

new text begin(b) In addition to the requirements described in paragraph (a), the proposed transferee shall submit an accurate photocopy of the person's current driver's license, state identification card, or the photo page of the person's passport.new text end

new text begin(c) new text endThe report shall be signed and dated by the transferor and the proposed transferee. The report shall be delivered by the transferor to the chief of police or sheriff no later than three days after the date of the agreement to transfer, excluding weekends and legal holidays. The statement undernew text begin paragraph (a),new text end clause (3)new text begin,new text end must comply with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.

Sec. 10.

Subd. 3.

Notification.

The chief of police or sheriff shall notify the transferor and proposed transferee in writing as soon as possible if the chief or sheriff determines that the proposed transferee is prohibited by deleted text beginsection 624.713deleted text endnew text begin any state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault weapon. The notification to the transferee shall specify the grounds for the disqualification of the proposed transferee and shall set forth in detail the transferee's right of appeal under subdivision 13.

Sec. 11.

Subd. 4.

Delivery.

new text begin(a) new text endExcept as otherwise provided innew text begin thisnew text end subdivision deleted text begin7deleted text end ornew text begin subdivisionnew text end 8, no person shall deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee until deleted text beginfivedeleted text endnew text begin sevennew text end business days after the date the agreement to transfer is delivered to a chief of police or sheriff in accordance with subdivision 1 unless the chief of police or sheriff waives all or a portion of the deleted text beginseven-daydeleted text endnew text begin seven-business-daynew text end waiting period. The chief of police or sheriff may waive all or a portion of the deleted text beginfive business daydeleted text endnew text begin seven-business-daynew text end waiting period in writing if the chief of police or sheriff finds that the transferee requires access to a pistol or semiautomatic military-style assault weapon because of a threat to the life of the transferee or of any member of the household of the transferee.

new text begin(b) If a chief of police or sheriff is unable to verify a proposed transferee's identity or criminal record within the seven-business-day requirement described in paragraph (a), the chief of police or sheriff may require the transferee to appear in person to present a current driver's license, state identification card, or passport, and, if deemed necessary, to be fingerprinted. If this occurs, the chief of police or sheriff shall notify the transferor of this in writing, and the seven-business-day requirement is extended to 30 days.new text end

new text begin(c) new text endNo person shall deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee after receiving a written notification that the chief of police or sheriff has determined that the proposed transferee is prohibited by deleted text beginsection 624.713deleted text endnew text begin any state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault weapon.

new text begin(d) new text endIf the transferor makes a report of transfer and receives no written notification of disqualification of the proposed transfereenew text begin and no written notification as described in paragraph (b)new text end within deleted text beginfivedeleted text endnew text begin sevennew text end business days after delivery of the agreement to transfer, the pistol or semiautomatic military-style assault weapon may be delivered to the transferee.new text begin If the transferor receives the written notification described in paragraph (b), the seven-business-day period is extended to 30 days.new text end

Sec. 12.

Subd. 5.

Grounds for disqualification.

A determination by the chief of police or sheriff that the proposed transferee is prohibited by deleted text beginsection 624.713deleted text endnew text begin any state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault weapon shall be the sole basis for a notification of disqualification under this section.

Sec. 13.

Subd. 6.

Transferee permit.

If a chief of police or sheriff determines that a transferee is not a person prohibited by deleted text beginsection 624.713deleted text endnew text begin any state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault weapon, the transferee may, within 30 days after the determination, apply to that chief of police or sheriff for a transferee permit, and the permit shall be issued.

Sec. 14.

Minnesota Statutes 2012, section 624.7132, is amended by adding a subdivision to read:

new text beginSubd. 7a.new text end

new text beginTransfer by or to licensed dealers only.new text end

new text beginNo person shall transfer a pistol or semiautomatic military-style assault weapon unless the transferor or the transferee is a federally licensed firearms dealer. Where neither party to a prospective pistol or semiautomatic military-style assault weapon transfer is a federally licensed firearms dealer, the parties shall complete the transfer through a federally licensed firearms dealer as follows:new text end

new text begin(1) the transferor shall deliver the pistol or semiautomatic military-style assault weapon and a valid transferee permit or report of transfer to a federally licensed firearms dealer, who shall retain possession of that pistol or semiautomatic military-style assault weapon until the transaction is completed or as provided in clause (3);new text end

new text begin(2) the federally licensed dealer shall comply with this section and federal law as if the dealer had agreed to directly transfer the pistol or semiautomatic military-style assault weapon to the proposed transferee;new text end

new text begin(3) if the dealer cannot legally deliver the pistol or semiautomatic military-style assault weapon to the proposed transferee or otherwise chooses not to complete the transaction, the dealer shall conduct a background check in accordance with federal law and file a report of transfer to transfer the pistol or semiautomatic military-style assault weapon back to the original transferor. If the original transferor is prohibited by any state or federal law from possessing a pistol or semiautomatic military-style assault weapon, the dealer shall transfer the firearm to the chief of police or sheriff within 24 hours;new text end

new text begin(4) a dealer who denies transfer of a pistol or semiautomatic military-style assault weapon shall immediately report the identity of the proposed transferee, and the date, time, and place of the attempted transfer to the local law enforcement agency where the dealer is located; andnew text end

new text begin(5) the dealer may require the proposed transferee to pay a fee of no more than $25 when assisting with a transfer under this subdivision.new text end

Sec. 15.

Subd. 8.

Report not required.

If the proposed transferee presents a valid transferee permit issued under section 624.7131 or a valid permit to carry issuednew text begin within the 12 months immediately preceding the transfernew text end under section 624.714, the transferor need not file a transfer report.

Sec. 16.

Subd. 12.

Exclusions.

new text begin(a) For purposes of this subdivision, "relative" means a parent, stepparent, child, stepchild, brother, sister, grandparent, or grandchild by blood or marriage.new text end

deleted text beginExcept as otherwise provided in section 609.66, subdivision 1f,deleted text endnew text begin (b)new text end This section shall not apply to deleted text begintransfers of antique firearms as curiosities or for their historical significance or value,deleted text end transfers to or between federally licensed firearms dealers, transfers by order of court, involuntary transfers, transfers at death or the following transfers:

(1) a transfer by a person deleted text beginother than a federally licensed firearms dealerdeleted text endnew text begin to a relative who is not ineligible to possess a firearm under state or federal lawnew text end;

(2) a loan to a prospective transferee if the loan is intended for a period of no more than one day;

(3) the delivery of a pistol or semiautomatic military-style assault weapon to a person for the purpose of repair, reconditioning or remodeling;

(4) a loan by a teacher to a student in a course designed to teach marksmanship or safety with a pistol and approved by the commissioner of natural resources;

(5) a loan between persons at a firearms collectors exhibitionnew text begin if the loan is intended for a period of no more than 24 hoursnew text end;

(6) a loan between persons lawfully engaged in hunting or target shooting if the loan is intended for a period of no more than 12 hours;

(7) a loan between law enforcement officers who have the power to make arrests other than citizen arrests; and

(8) a loan between employees or between the employer and an employee in a business if the employee is required to carry a pistol or semiautomatic military-style assault weapon by reason of employment and is the holder of a valid permit to carry a pistol.

Sec. 17.

Subd. 13.

Appeal.

A person aggrieved by the determination of a chief of police or sheriff that the person is prohibited by deleted text beginsection 624.713deleted text endnew text begin any state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault weapon may appeal the determination as provided in this subdivision. The district court shall have jurisdiction of proceedings under this subdivision.

On review pursuant to this subdivision, the court shall be limited to a determination of whether the proposed transferee is a person prohibited from possessing a pistol or semiautomatic military-style assault weapon by deleted text beginsection 624.713deleted text endnew text begin any state or federal lawnew text end.

Sec. 18.

Subd. 15.

Penalties.

(a) Except as otherwise provided in paragraph (b), a person who does any of the following is guilty of a gross misdemeanor:

(1) transfers a pistol or semiautomatic military-style assault weapon in violation of subdivisions 1 to 13;

(2) transfers a pistol or semiautomatic military-style assault weapon to a person who has made a false statement in order to become a transferee, if the transferor knows or has reason to know the transferee has made the false statement;

(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or

(4) makes a false statement in order to become a transferee of a pistol or semiautomatic military-style assault weapon knowing or having reason to know the statement is false.

(b) A person who does deleted text begineitherdeleted text endnew text begin anynew text end of the following is guilty of a felony:

(1) transfers a pistol or semiautomatic military-style assault weapon to a person under the age of 18 in violation of subdivisions 1 to 13; deleted text beginordeleted text end

(2) transfers a pistol or semiautomatic military-style assault weapon to a person under the age of 18 who has made a false statement in order to become a transferee, if the transferor knows or has reason to know the transferee has made the false statementnew text begin;new text end

new text begin(3) transfers a pistol or a semiautomatic military-style assault weapon to another in violation of this section if: (i) the person knows or has reason to know that the transferee is prohibited under state or federal law from possessing a firearm; and (ii) the transferee uses the weapon within one year after the transfer in furtherance of a felony crime of violence; or new text end

new text begin(4) violates paragraph (a), clause (1) or (3), after having been previously convicted or adjudicated delinquent for a violation of this section or section 624.7131new text end.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective August 1, 2013, and applies to crimes committed on or after that date.new text end